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ABRUZZO v. MALERBA

208 A.D.2d 879 (1994)

618 N.Y.S.2d 412

Laudwig J. Abruzzo et al., Appellants, v. Robert F. Malerba, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 31, 1994

Ordered that the order is affirmed insofar as appealed from, with costs.

We find that the Supreme Court did not improvidently exercise its discretion in dismissing the plaintiffs' complaint pursuant to CPLR 3126. The plaintiffs exhibited willful and contumacious conduct in failing to comply with a court order for disclosure for seven years (see, Zletz v Wetanson, 67 N.Y.2d 711, 713; Polito v DeTomaso,

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